Miss D M Coloma Valencia v Safwan Baig Group Ltd (in Liquidation): 2409988/2019
JUDGMENT
The judgment of the Tribunal is that the respondent shall pay to the claimant the total sum of £2,837.49 representing two amounts of unpaid wage sin the sums of £246.30 and £678.13 and unpaid holiday pay outstanding at the termination of her employment in the sum of £956.46.REASONS
[1]The claimant was employed by the respondent company as a waitress between 2 January 2019 and early June 2019.[2]The claimant gave evidence to the Tribunal today and was able to show the Tribunal a number of documents which she had in front of her, even though these had not been sent to the Tribunal. Importantly these included her contract of employment. The documents also included her payslips. These showed that the claimant was engaged at an hourly rate of £8.21 per hour.[3]The claimant gave evidence to say that she worked 57 hours in January 2019. She had these records as a screenshot from records maintained by the respondent company. The claimant therefore should have been paid £8.21 per hour for each of those 57 hours worked. That would have been a total of £467.97. The claimant however was only paid £416.31 leaving a shortfall due to her of £51.66.[4]In February the claimant worked 87.51 hours. At £8.21 per hour she should have been paid £718.45. She was paid £400, leaving a shortfall of £318.45.[5]In March the claimant worked 137.64 hours. At the hourly rate of £8.21 per hour the claimant should have been paid £1,130.02. She was paid £822. This left a shortfall of £308.02.[6]The total underpayment of wages therefore amounted to £678.13 which the respondent company is ordered to pay to the claimant.[7]The claimant also worked hours at the end of May 2019 and on 1 June 2019. The claimant gave evidence that the minimum hours she worked were from 12.00pm until 10.30pm. She took an unpaid 30 minutes for a break. The Tribunal accepted therefore that the claimant worked ten hours a day. The claimant was unpaid for the three days at the end of May and 1 June. She worked ten hours on each of those days, a total of 30 hours. At the hourly rate of £8.21 per hour the claimant should have been paid £246.30 but was not paid for those hours. The respondent is therefore ordered to pay to the claimant the sum of £246.30 as unpaid wages.[8]The claimant was told in her contract of employment that she was entitled to 5.6 weeks (28 days) holiday each year. She worked for the company for a total of five months but did not take and was not paid for any holidays including Bank Holidays. This was the evidence which was given to the Tribunal by the claimant and which the Tribunal accepted. The claimant was therefore accruing 2.33 days’ holiday for each month worked. She worked for five months. She therefore accrued 11.65 days’ holiday. The Tribunal has already said that it accepted that the claimant worked, on average, ten hours per day. Ten hours per day at £8.21 per hour entitled the claimant to £82.10 for each working day. The claimant was entitled to 11.65 days at the daily rate of £82.10, a total of £956.46. This was the value of her accrued but untaken holiday at the termination of her employment in early June 2019. The claimant has not been paid any of that money and the respondent is therefore ordered to pay that sum to the claimant, representing the value of accrued but untaken holiday as at the termination of her employment.[9]The total of the three sums awarded above is £2,837.49.